Common use of Restoration Priorities and General Requirements Clause in Contracts

Restoration Priorities and General Requirements. (1) BPA's obligation to maintain and repair the Cable and any activities incidental thereto shall be subordinate to, and shall not conflict with, BPA's rightful use and operation of its transmission facilities. In the event both BPA's transmission facilities and the Cable require maintenance or repair, the restoration of the Cable shall be at all times subordinate to the restoration of BPA's transmission facilities, unless otherwise agreed to in writing by BPA in advance. The restoration of BPA's telecommunications system shall take priority over restoration activities related to the Commercial Fiber. In the event that ELI's License becomes nonexclusive pursuant to section 8, the Commercial Fiber used by XXX shall take priority over restoration activities related to any fibers used by any other users of the Commercial Fiber. (2) A BPA representative must be on-site during all repair and restoration work to perform functions such as safety watch, protection of BPA's transmission facilities, and obtain line clearances. (3) The Party performing the repair and restoration shall use prudent business methods to acquire the most cost-effective restoration procedures and Contract No. 97TX-10072 materials available given the Cable Specifications, Fiber Specifications, and current industry standards. (4) Any and all BPA, XXX representatives, or other users of the Commercial Fiber that construct, install, repair, replace, or otherwise handle the Cable, Cable Accessories, Commercial Fiber, BPA Fiber, or any related materials and equipment shall be properly trained and equipped to meet all current industry standards. BPA shall require all employees or agents of XXX or any other users of the Commercial Fiber who work near BPA's transmission facilities to demonstrate that they have been properly trained and equipped to perform the work. The Parties shall agree in advance what constitutes proper training and reasonable costs. The costs of agreed upon training of XXX employees, agents of XXX, or other users of the Commercial Fiber shall be borne by XXX. (5) A BPA representative shall have the authority to stop any work activities or equipment functions for reasons that he or she determines in good faith to involve potential health hazards, safety concerns, and potential disruption to BPA's operating system. BPA will make reasonable efforts to coordinate with XXX in case of such events.

Restoration Priorities and General Requirements. (1) BPA's obligation to maintain and repair the Cable and any activities incidental thereto shall be subordinate to, and shall not conflict with, BPA's rightful use and operation of its transmission facilities. In the event both BPA's transmission facilities and the Cable require maintenance or repair, the restoration of the Cable shall be at all times subordinate to the restoration of BPA's transmission facilities, unless otherwise agreed to in writing by BPA in advance. The restoration of BPA's telecommunications system shall take priority over restoration activities related to with the Commercial Fiber. In the event that ELI's License becomes nonexclusive pursuant to section 8, the Commercial Fiber used by XXX shall take priority over restoration activities related to any fibers used by any other users of the Commercial Fiber. (2) A BPA representative must be on-site during all repair and restoration work to perform functions such as safety watch, protection of BPA's transmission facilities, and obtain line clearances. (3) The Party performing the repair and restoration shall use prudent business methods to acquire the most cost-effective restoration procedures and Contract No. 97TX-10072 materials available given the Cable Specifications, Fiber Specifications, and current industry standards. (4) Any and all BPA, XXX representatives, or other users of the Commercial Fiber that construct, install, repair, replace, or otherwise handle the Cable, Cable Accessories, Commercial Fiber, BPA Fiber, or any related materials and equipment shall be properly trained and equipped to meet all current industry standards. . (3) A BPA representative must be onsite during all repair and restoration work to perform functions such as safety watch, protection of BPA's transmission facilities, and obtain line clearances. (4) The Party performing the repair and restoration shall use prudent business methods to acquire the most cost-effective restoration procedures and materials available given the Cable Specifications, Fiber Specifications, and current industry standards. (5) BPA shall require all employees or agents of XXX or any other users of the Commercial Fiber who work near BPA's transmission facilities to demonstrate that they have been properly trained and equipped to perform the work. The Parties shall agree in advance what constitutes proper training and reasonable costs. The costs of agreed upon training of XXX employees, agents of XXX, or other users of the Commercial Fiber shall be borne by XXX. (56) A BPA representative shall have the authority to stop any work activities or equipment functions for reasons that he or she determines in good faith to involve potential health hazards, safety concerns, and potential disruption to BPA's operating system. BPA will make reasonable efforts to coordinate with XXX in case of such events.

Restoration Priorities and General Requirements. (1) BPA's obligation to maintain and repair the Cable and any activities incidental thereto shall be subordinate to, and shall not conflict with, BPA's rightful use and operation of its transmission facilities. In the event both BPA's transmission facilities and the Cable require maintenance or repair, the restoration of the Cable shall be at all times subordinate to the restoration of BPA's transmission facilities, unless otherwise agreed to in writing by BPA in advance. The restoration of BPA's telecommunications system shall take priority over restoration activities related to the Commercial Fiber. In the event that ELI's License becomes nonexclusive pursuant to section 8, the Commercial Fiber used by XXX shall take priority over restoration activities related to any fibers used by any other users of the Commercial Fiber. (2) A BPA representative must be on-site during all repair and restoration work to perform functions such as safety watch, protection of BPA's transmission facilities, and obtain the obtaining of line clearances. (3) The Party performing the repair and restoration shall use prudent business methods to acquire the most cost-effective restoration procedures and Contract No. 97TX-10072 materials available given the Cable Specifications, Fiber Specifications, and current industry standards. (4) Any and all BPA, XXX representatives, or other users of the Commercial Fiber that construct, install, repair, replace, or otherwise handle the Cable, Cable Accessories, Commercial Fiber, BPA Fiber, or any related materials and equipment shall be properly trained and equipped to meet perform work that meets all current telecommunication industry standards. BPA shall require all employees or agents of XXX or any other users of the Commercial Fiber who work near BPA's transmission facilities to demonstrate that they have been properly trained and equipped to perform the work. The Parties shall agree in advance what constitutes proper training and reasonable costs. The costs of agreed agreed-upon training of XXX employees, agents of XXX, or other users of the Commercial Fiber shall be borne by XXX. (5) A BPA representative shall have the authority to stop any work activities or equipment functions for reasons that he or she determines in good faith to involve potential health hazards, safety concerns, and potential disruption to BPA's operating system. BPA will make reasonable efforts to coordinate with XXX in case of such events.

Restoration Priorities and General Requirements. (1) BPA's obligation to maintain and repair the Cable and any activities incidental thereto shall be subordinate to, and shall not conflict with, BPA's rightful use and operation of its transmission facilities. In the event both BPA's transmission facilities and the Cable require maintenance or repair, the restoration of the Cable shall be at all times subordinate to the restoration of BPA's transmission facilities, unless otherwise agreed to in writing by BPA in advance. The restoration of BPA's telecommunications system shall take priority over restoration activities related to the Commercial Fiber. In the event that ELI's License becomes nonexclusive pursuant to section Section 8, the Commercial Fiber used by XXX shall take priority over restoration activities related to any fibers used by any other users of the Commercial Fiber. (2) A BPA representative must be on-site during all repair and restoration work to perform functions such as safety watch, protection of BPA's transmission facilities, and obtain the obtaining of line clearances. (3) The Party performing the repair and restoration shall use prudent business methods to acquire the most cost-effective restoration procedures and Contract No. 97TX-10072 materials available given the Cable Specifications, Fiber Specifications, and current industry standards. (4) Any and all BPA, XXX representatives, or other users of the Commercial Fiber that construct, install, repair, replace, or otherwise handle the Cable, Cable Accessories, Commercial Fiber, BPA Fiber, or any related materials and equipment shall be properly trained and equipped to meet perform work that meets all current telecommunication industry standards. BPA shall require all employees or agents of XXX or any other users of the Commercial Fiber who work near BPA's transmission facilities to demonstrate that they have been properly trained and equipped to perform the work. The Parties shall agree in advance what constitutes proper training and reasonable costs. The costs of agreed agreed- upon training of XXX employees, agents of XXX, or other users of the Commercial Fiber shall be borne by XXX. (5) A BPA representative shall have the authority to stop any work activities or equipment functions for reasons that he or she determines in good faith to involve potential health hazards, safety concerns, and potential disruption to BPA's operating system. BPA will make reasonable efforts to coordinate with XXX in case of such events.